A 91-year-old man was not arrested or banned from the roads after he killed a young moped rider by driving the wrong way up a major highway.
Billy Warwick-Jones, 20, died after a car ploughed into him as he drove along the A3 near New Malden, Surrey shortly before 6am on August 29, 2020.
The Epsom 20-year-old was struck by an elderly motorist who had been driving the wrong way down the road for six miles.
In the four months after the crash, and before the man died in January this year, he was not arrested nor banned from driving - although he did hand his licence in to the DVLA at some point during that time.
Now Billy's devastated family are calling for a law change, so that over 70s have to be retested every five years.
"If this law was in place, my brother's death could have been prevented," Amy, Billy's sister, told The Mirror.
"Billy could still be here today.
"It's an issue with the law. If the roles had been reversed, Billy would probably be in prison now.
"The man has now died and we are never going to get justice."
Billy was driving to work at ASK when he was mown down.
Emergency service personnel who were close to the time of the smash were at the scene in minutes.
A paramedic held Billy's hand as he died on the tarmac.
When news of the accident reached the family, Amy's boyfriend drove to the scene to try and be with Billy but it was too late.
"He took a photo of Billy's bike," Amy said.
"But it was not a bike anymore. It was bits on the floor.
"There was no rubber on the tyres. You couldn't wheel it off the road."
News of Billy's death hit his family and friends hard.
ASK, where he had been doing an apprenticeship in order to fulfil his dreams of becoming a chef, closed for a day in his honour.
Amy said the family have been "ruined" by Billy's death, particularly her younger sister, who has been "through hell".
Five days after his death Billy's family were able to see him for the first time at Kingston Hospital.
"We weren't sure we were going to see him at all, and when we did we only saw his face," Amy said.
"He had scratches. It looked like he had a broken jaw, but we knew it was Billy.
"My mum kissed him and hugged him and held his hand."
Shortly after his death police officers visited the family's home to answer their questions.
According to Billy's mum, officers told her that the elderly man had been given a health check and was found not to have any underlying conditions.
They also said his family had taken his car keys, she claimed.
When asked, the Metropolitan Police said a "thorough investigation was undertaken by the Met’s Serious Collision Investigation Unit" following Billy's death.
A spokesperson for the force said: "The driver of the car involved was a man, aged 91 at the time of the collision.
"Police were informed that shortly after the collision, he had surrendered his driving licence to the DVLA.
"However, due to subsequent ill health, the investigation team were unable to interview him.
"A file was submitted to the CPS to consider a charge of death by dangerous driving.
"However, before a charging decision was reached, sadly the man died in January 2021 from an illness unrelated to the collision."
Neither the Met nor the DVLA would say when the man handed in his licence - meaning he may have been driving on the road for months after the fatal smash.
For Billy's family, the way the aftermath of his death was handled was not satisfactory and caused them a great deal of heartache.
"If they had hurried up they could have prosecuted the man before he died," Amy continued.
"This man lives four months after he died. Billy could have lived to a hundred for all we know.
"He never got to do the things he wanted to do. I just feel numb.
"I have nightmares of the accident even though I didn't see it."
The only support the family have received officially is a visit from the police and some leaflets.
Under UK law there is no requirement for elderly people to take another driving test, although diagnosed medical conditions often mean people are forced to hand in their licence.
Billy's family want the law tightened up, with mandated tests and higher insurance premiums for older drivers.
His mum Kelly said: "The fact remains if this man was not driving the wrong way up a road my son would have made it home that day to continue his life."
Kelly said that the CPS asked her what action they wanted to see taken against the elderly driver, which caused her much upset.
A DfT spokesperson said: “Our thoughts are with Billy’s family and friends following his tragic death.
"By law all drivers must maintain necessary driving standards, with those over 70 required to renew their entitlement to drive regularly.”
To view the family's petition calling for change click here.
